Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31878 of 2018 Applicant :- Santosh Chand Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Tiwari,Shashikant Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
It is submitted by learned counsel for the applicant that similarly placed co-accused Harish Chand Tiwari has already been enlarged on bail by this Court by order dated 20.8.2018 passed in Criminal Misc. Bail Application No. 31536 of 2018, copy of bail order produced by learned counsel for the applicant is taken on record. He further submitted that since the role of the applicant is identical to that of co-accused Harish Chand Tiwari who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.
The prayer for bail has vehemently been opposed by learned A.G.A.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Santosh Chand Tiwari be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 297 of 2018, under Sections 364, 511 and 323 I.P.C., P.S. Kotwali, district-Ghazipur with the following conditions :-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 21.8.2018 Faridul